At PC 1172.75 resentencing, trial court erred when finding prior prison term valid because defendant served concurrent prison terms for both robbery (§ 211) and a lewd act involving a minor (§ 288, subd. (a)). While the information alleged, for the purposes of Three Strikes law, that defendant was previously convicted of a committing a lewd act upon a child in violation of PC 288(a), it did not allege, and defendant did not admit, that he served a separate prison term for that offense. Thus, the enhancement was not “imposed for a prior conviction for a sexually violent offense” within the meaning of section 1172.75. Reversed and remanded for full resentencing.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/D082232.PDF